HOLDOVER USE PERMITS for the following: 1) revisions to a previously approved resort hotel; 2) public area including all casino areas, showrooms, live entertainment areas, shopping center areas, indoor and outdoor dining areas, offices, meeting and convention areas, and back-of areas, parking garages and all associated accessory and incidental commercial uses, buildings structures and other uses; 3) increase the height of the high-rise tower; and 4) deviations from development standards.

DEVIATIONS for the following: 1) reduce the height setback ratio adjacent to arterial streets; 2) reduce on-site parking requirements; and 3) all other deviations as shown on plans in file.

DESIGN REVIEWS for the following: 1) a resort hotel (Encore); 2) a high-rise hotel tower with an accessory low rise buildings; 3) buildings with metal roofing and domes; 4) allow tandem parking; and 5) all other accessory building, structures, and central plant all in conjunction with an resort hotel (Wynn Las Vegas) on 21.0 acres in an H-1 (Limited Resort and Apartment) Zone.

Generally located on the southeast corner of Las Vegas Boulevard South and Desert Inn Super Arterial within Paradise and Winchester. MW/lo/jl

3. Increase the height of the high-rise tower to 654 feet where 100 feet is permitted (previously approved at 656 feet).

4. Permit deviations from development standards.

DEVIATIONS:

1. a. Reduce the height setback ratio adjacent to an arterial street to 166.6 feet where a 193.6 setback is required adjacent to the Desert Inn Super Arterial (a 13.9% reduction) and where previously approved at a 180 foot reduction where a 224 foot setback was required (a 19.6% reduction)

b. Reduce the height setback ratio along an arterial street to 114.3 feet where 216.3 feet is required adjacent to Las Vegas Boulevard South (a 52.8% reduction) and where previously approved at a 180 foot reduction where 267 feet was required (a 32.5% reduction).

b. Permit tandem parking spaces to be 8 feet wide and 18 feet long where 9 feet wide and 18 feet long spaces are the standard.

3. Permit all other deviations as shown on plans in file.

MASTER PLAN/LAND USE GUIDE:

WINCHESTER/PARADISE - UP TO COMMERCIAL TOURIST

BACKGROUND:

Project Description

The originally approved plans for the resort depicted a resort hotel composed of a 61 story, 656 foot high, 1,745 room resort hotel tower with 647,000 square feet of casino floor area, a 50,029 square foot convention center, and assorted ancillary commercial uses. These proposed plans depict revised plans with 654 foot high tower with 2,570 rooms and suites and expand the low-rise areas to the south to connect with the existing resort and to the east into portions of the existing golf course property. The elevation plans depict that the hotel tower is of a similar architectural style with a tinted bronze glass and beige banding consistent with the recently opened Wynn Las Vegas tower that is south of the proposed tower and was approved at a height of 614 feet. The special street intrusions are for the primary tower and only affect the top floors of the structure. The hotel tower will be on top of low-rise tower that are up to 10 stories and designed with metal roof domes. Behind the main resort tower to the east will be a low-rise building with luxury hotel suites surrounding the proposed pool area with cabana and live entertainment areas. The low-rise building will consist of shopping and restaurants areas providing outside dining, retail spaces, bars, and other ancillary commercial uses. The main access to the site will be from Las Vegas Boulevard South with valet parking for all patrons. The main entrance will be well landscaped and the closest point of the building will be approximately 25 feet from Las Vegas Boulevard South that has an existing attached sidewalk. The expanded Desert Inn parking garage will provide 2,235 parking spaces including self-parking, employee, and valet parking spaces, a number of which are tandem spaces. Additional parking is provided within the Wynn Las Vegas parking garage. The parking requirements for this project are calculated separately from the parking provided for the existing Wynn Las Vegas Resort, but the number of parking spaces are combined to provide a 10.3% reduction in parking for the resort.

Prior Land Use Requests

UC- 1606-04 originally approved the resort which is the second phase of the resort property on the site in November 2004.UC-0897-01 approved a request to convert a portion of the existing Desert Inn Resort building into offices and an art gallery in August 2001. UC-1685-02 approved the refurbishment/redesign of the golf course in December 2002, a portion of which is included in the development area of the subject resort. UC-1471-03 was approved in October 2003 to permit the architectural design and a height of 614 feet for the Wynn Las Vegas resort hotel tower on this site.

Surrounding Zoning and Land Use

Properties located to the north and west across Las Vegas Boulevard South and the Desert Inn Super Arterial are zoned H-1 with existing hotel/resorts and commercial centers, including the Fashion Show Mall. To the north and east are other H-1 zoned portions of the subject resort property, and a number of existing single family residences and vacant lots within the Desert Inn Country Club Estates zoned H-1 and R-1. South across Sands Avenue is H-1 zoned properties developed as commercial uses and resort hotels.

STANDARDS FOR APPROVAL:

The applicant shall demonstrate that the proposed request meets the goals and purposes of Title 30.

Analysis

Current Planning

The revised plans to increase the number of rooms and expand the area of the previously resort is consistent with similar developments along Las Vegas Boulevard South. The project is appropriate and compatible with the existing resort in the development area and the The Strip. Staff has no objection to the reduction in setback for Desert Inn Road since portions of the right-of-way are depressed and at a lower grade than the resort. Staff has some reservations about permitting a high-rise tower of the proposed height to encroach into the required setback for Las Vegas Boulevard, however, the encroachment requested is at the higher levels of the high-rise tower and for a relatively small portion of the tower and will not impact pedestrian and vehicular traffic. Additionally, all the low-rise buildings do comply with the required setbacks. The typical reduction in parking approved for resorts within the resort corridor ranges from 12% to 30%; therefore, a 10.3% reduction is lower than the allowable and approved reductions in this area and is consistent with other resort hotel projects. Therefore, staff has no objection to the request.

Department of Aviation

Per 14 CFR Part 77, requires the applicant to file a valid Federal Aviation Administration (FAA) Form 7460-1, "Notice of Proposed Construction or Alteration" with the FAA, as the development will penetrate the 100:1 notification airspace surface. Alternatively, the applicant may submit to the Director of Aviation a "Property Owner's Shielding Determination Statement" and request written concurrence from the Department of Aviation.

Staff Recommendation

Approval. This is a Project of Regional Significance and will be forwarded to the Board of County Commissioners for final action.

If this request is approved, the Board and/or Commission finds that the application is consistent with the standards and purpose enumerated in the Comprehensive Plan, Title 30, and/or the Nevada Revised Statutes.

PRELIMINARY STAFF CONDITIONS:

Current Planning

Subject to recording a perpetual cross access, ingress/egress, and parking easements with the Wynn Las Vegas Resort; landscaping along Las Vegas Boulevard South to march the existing portions of landscaping of Wynn Las Vegas to the south; and all applicable standard conditions for this application type. Applicant is advised that approval of this use permit only approves any relaxed standards that depart from the development and improvement standards required by Title 30 provided such relaxed standards completely comply with the approved plans on file; approval of this application does not constitute or imply approval of a liquor or gaming license or any other County issued permit, license, or approval; any change in circumstances or regulations may be justification for the denial of an extension of time; and that this application must commence within 2 years of approval date or it will expire.

Civil Engineering

Constructing full off-site improvements unless a future agreement between the applicant and the County modifies this requirement; dedicating the right-of-way for and constructing a fourth northbound through lane on Las Vegas Boulevard South from Dio Drive to Desert Inn Road, together with bus turnouts on Las Vegas Boulevard South as determined by Clark County and the Regional Transportation Commission; traffic to be prepared by the developer and accepted by the County, Nevada Department of Transportation, Las Vegas Area Computer Traffic Systems, and the Regional Transportation Commission before permits are issued for any new development on the project site; traffic study must address the anticipated land uses of the entire site when it is fully built and include at a minimum, the traffic study must include the following: a) evaluation of traffic control needs and determination of contributory shares of future traffic control devices, costs, and measures, b) evaluation of access and circulation patterns proposed, c) evaluation of roadway capacities present and future with compliance, d) pedestrian safety needs, e) determination of lane configurations at proposed project access points necessary to accommodate projected traffic volumes, f) required walkway widths needed to accommodate the anticipated peak pedestrian flow at Level of Service "C" or better, unobstructed pedestrian walkway width on Las Vegas Boulevard South to be a minimum of 10 feet, g) identification and implementation of traffic demand management and transportation system management measures, and h) impacts of regional air quality due to traffic generated by this development; physical improvements identified in the traffic study needed to accommodate vehicular and pedestrian volumes generated by the project may require right-of-way dedication to the County; the streetlight system along the project's frontage on Las Vegas Boulevard South shall be constructed to meet current County standards or an acceptable equivalent; if the project requires modifications to the median island, the applicant will be required to coordinate the modifications with the Clark County Beautification Project and relocate and/or replace landscaping as per the policy adopted by the Board of County Commissioners; drainage study and compliance.

Department of Aviation

As required by Section 30.48.120 of the Clark County Unified Development Code, receive either a permit from the Director of Aviation or a variance from the Airport Hazard Areas Board of Adjustment (AHABA) prior to construction; no building permits will be released for the project prior to the Department of Aviation notifying Zoning Plan Check that the applicant has received all necessary airspace approvals.Applicant is advised that the FAA's determination is advisory in nature and does not guarantee the Director's permit or an AHABA variance will be approved; and that a standard condition of approval for a Director's permit or an AHABA variance is the granting of an avigation easement.

TAB/CAC:

APPROVALS:

PROTESTS:

PLANNING COMMISSION ACTION: May 19, 2005 HELD To 06/23/05 per the applicant.

PLANNING COMMISSION ACTION: June 23, 2005 HELD To 08/18/05 per the applicant.

PLANNING COMMISSION ACTION: August 18, 2005 HELD To 10/20/05 per the applicant.